A developer wants to subdivide a 2-hectare rural property into 8 residential sections. The district plan gives the council full discretion to grant or decline this subdivision and to impose any conditions. How is it classified?
Correct Answer
C) Discretionary activity requiring resource consent
Activity status depends on the district plan, which is why the question gives the plan's rule. Full discretion to grant or decline and to impose any conditions is what makes an activity discretionary under RMA s 87A(4). A controlled activity must be granted. A restricted discretionary activity limits the council to listed matters.
Why This Is the Correct Answer
Full discretion to grant or decline and to impose any conditions is the definition of a discretionary activity (RMA s 87A(4)). The plan rule in the stem decides the status.
Why the Other Options Are Wrong
Option A: Permitted activity requiring no consent
A permitted activity needs no consent at all, so the council would have nothing to grant or decline.
Option B: Controlled activity requiring resource consent
A controlled activity must be granted, apart from narrow exceptions such as s 106 for subdivisions, and conditions are limited to the matters of control. The council would not have full discretion to decline.
Option D: Restricted discretionary activity requiring resource consent
Restricted discretionary limits the council to the matters listed in the plan. Here the council has full discretion, which is discretionary status.
Deep Analysis of This Resource Management Question
Rural subdivision has no single national status. Each district plan classifies it, and the same proposal can be restricted discretionary in one district, discretionary in another and non-complying in a third. So the question gives the plan's wording and tests what that wording means. Full discretion over the decision and conditions is discretionary. A plan that limits the council to listed matters makes it restricted discretionary. A plan that requires the s 104D gateway test makes it non-complying.
Background Knowledge for Resource Management
The Resource Management Act 1991 establishes six activity classifications: permitted, controlled, restricted discretionary, discretionary, non-complying, and prohibited. Each classification determines the level of assessment required and council's decision-making powers. Subdivision is specifically regulated under Part 10 of the RMA and district plan subdivision rules. Rural subdivision typically involves converting agricultural or rural land to residential use, triggering assessment of infrastructure capacity, environmental effects, rural character impacts, and consistency with planning objectives. District plans contain specific subdivision rules that classify different types of subdivision based on factors like lot size, location, and number of lots created.
Memory Technique
Rank the classes by the council's say. Permitted: no say. Controlled: must say yes, and conditions only on listed matters. Restricted discretionary: yes or no on listed matters only. Discretionary: full say. Non-complying: full say, after a gateway test.
Read the stem for how much say the council has. 'Full discretion' points to discretionary; 'must grant' points to controlled; 'limited to listed matters' points to restricted discretionary.
Exam Tip for Resource Management
Do not guess a status from the type of land. If the question describes the council's powers, match them to the class definitions in RMA s 87A.
Real World Application in Resource Management
A lifestyle-block owner asks their agent whether eight sections are possible. The agent checks the district plan, which says that rural subdivision below the minimum lot size is discretionary. The agent explains that the council can decline outright or impose any conditions, so a planner's advice is needed before the owner markets the land on the strength of the subdivision.
Common Mistakes to Avoid on Resource Management Questions
- •Assuming rural subdivision has the same status in every district
- •Confusing restricted discretionary (listed matters only) with discretionary (full discretion)
- •Thinking a controlled activity can be declined
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
What is required before starting construction of a new two-storey family home in New Zealand?
A developer wants to subdivide Rural-zoned land into residential sections. The district plan does not prohibit this, but says consent can be granted only if the proposal passes the section 104D gateway test. What activity status does that indicate?
A homeowner receives a LIM report showing that previous resource consent was granted with ongoing conditions requiring annual monitoring reports. What does this mean for the new owner?
A property owner receives a notice that their building work was undertaken without a building consent. What is this notice likely to be called?
Under the Building Act 2004, which type of building work typically requires a building consent?
- → A client wants to subdivide their rural property into smaller lots. What type of consent will they most likely need under the RMA?
- → Under section 104 of the RMA, when considering a resource consent application, what must a consent authority have regard to alongside the actual and potential effects on the environment?
- → Under the Resource Management Act 1991, what is the primary purpose of district plans?
- → A property developer wants to subdivide a 2-hectare residential section into 10 lots. Under typical district plan rules, what consents would likely be required?
- → Under the Building Act 2004, which authority is responsible for issuing building consents?
- → Which of the following activities would most likely require resource consent under the RMA?
- → What is the main difference between a regional plan and a district plan?
- → A property has an existing resource consent for a home-based business that expires in two years. What happens if the owners want to continue the business after the consent expires?
- → A developer has obtained resource consent for a subdivision but discovers during earthworks that the site contains archaeological features. What is the most likely immediate consequence under New Zealand law?
- → A LIM report will typically include information about which of the following?
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